In the media
Economists warn of surging house prices in wake of Covid
recovery
Economists are warning that an economic imbalance could
result from stimulus measures designed to respond to the pandemic
(25 February 2021).
More...
Proptech survey uncovers obstacles and opportunities for
Australian real estate
The survey of 216 Australian property companies – a
third of them with asset portfolios valued at more than $1 billion
– finds the COVID-19 crisis has accelerated proptech
adoption(25 February 2021).
More...
Rent rebound not enough to save Westfield mall owner
from $3.7b loss
Retail rents are bouncing back in Scentre Group's
Westfield malls but not enough to save Australia's largest
retail landlord from a $3.7 billion loss (24 February 2021).
More...
This is what resilient real estate looks like
Executive Director of Resilient Cities Network, Lauren
Sorkin says we're seeing the first glimpses of a future
property sector, one that is more resilient, equitable, climate
sensitive and integrated (24 February 2021).
More...
Environment threat to 'tree-change' and
'sea-change' dreams
In the aftermath of out-of-control bushfires once again
devastating parts of Australia, this time in the west, researchers
say we cannot continue rebuilding in "at risk" areas (24
February 2021).
More...
Regional preferences means regional reform for housing
is needed
Around 20 per cent of city dwellers would like to 'go
country' according to a new Regional Australia Institute survey
(24 February 2021).
More...
Australia's housing is more unaffordable than ever
and set to go higher
With housing construction, renovation, and prices soaring,
the industry is booming. However, it's meant that those looking
for their first home are finding it harder than ever – and
affordability is set to get even worse (23 February 2021).
More...
What happens to commercial real estate when government
stimulus measures end?
Retail shops could soon go the way of empty city office
towers, with small businesses facing a "year of
reckoning" as government stimulus measures are wound back (23
February 2021).
More...
Westpac forecasts 20pc house price gains
In a report released Monday, the banking institution's
chief economist Bill Evans said he was expecting dwelling prices to
rise 10 per cent nationally in 2021, and said the pace would
continue into 2022, off the back of strong economic growth (22
February 2021).
More...
Housing construction eclipses records
Construction on new houses will hit a record high this
year, however, there are concerns this boom could be short-lived.
(18 February 2021).
More...
Productivity Commission report charts change in social
housing provision
The annual 2021 Productivity Commission report on
government services and housing reveals that the ongoing long-term
reduction in the number of public housing dwellings has continued
into 2020 and that the number of community housing dwellings has
risen, albeit at a lower number than the number of public housing
dwellings lost (17 February 2021).
More...
ICA & MBA call for increased investment in disaster
mitigation and building resilience funding
The Insurance Council of Australia and Master Builders
Australia have called on the Federal Government to increase
investment in disaster mitigation and building resilience funding
and education programs to reduce the physical loss and economic
disruption caused by bushfires, cyclones, storms, flood and other
extreme weather events (16 February 2021). More...
Victoria
Victoria headquarters recognised as Geelong's
healthiest office building
Quintessential Equity, the developer behind WorkSafe
Victoria's headquarters, has beenawarded a 5.5 Star NABERS Base
Building Energy rating for its A-grade asset at 1 MalopStreet in
Geelong – making the building a regional market leader in
sustainable design (24 February 2021).
More...
Designs and tender released for eighth vertical
school
Victoria will soon have another new vertical government
school to address population growth across the inner city.
The project has been funded by the Labor Government with more than
$36 million invested in the Victorian Budget 2020-21, a further $5
million delivered from the Infrastructure Planning and Acceleration
Fund (17 February 2021).
More...
Backing our environmental volunteers
The Andrews Labor Government is funding 20 new and
innovative volunteer projects, including creative ideas to restore
koala habitat. The $2 million Fund supports conservation projects
by helping with the costs of training, delivery and equipment,
making sure people from all walks of life are able to volunteer in
our parks and forests (16 February 2021).
More...
Regional Victoria a step closer to four stream
recycling
The Andrews Labor Government is fast-tracking development
of regional and rural recycling infrastructure as it streamlines
kerbside recycling across the state, while keeping jobs in local
communities (16 February 2021).
More...
NSW
REINSW: Combustible cladding: Government announces
interest-free loans to speed up removal from NSW apartment
buildings
Interest-free 10-year loans have been welcomed to
fast-track the removal of high-risk combustible cladding from
apartment buildings across NSW. Owners Corporations will be able to
apply for financial assistance from next month as part of the State
Government's Project Remediate, which was given the go-ahead
last week (22 February 2021).
More...
Queensland
Brisbane flood victims win $440 million from class
action over Wivenhoe Dam operation
Flood victims win $440 million in compensation from the
Queensland government and Sunwater in a long-running class action
over the operation of Wivenhoe Dam during the 2011 floods while
Seqwater is yet to settle the remaining 50 per cent (26 February
2021).
More...
Three of Brisbane's five new bridges are hanging in
limbo
Three of the five new green bridges slated for inner-city
Brisbane are still awaiting decisions on their final design and
location almost a year after the council's re-election (24
February 2021).
More...
Former PM Kevin Rudd seeks ruling on Labor's
developer donation ban
Queensland Labor's ban on political donations from
property developers has caught out the LNP in the past but now
former Labor Prime Minister Kevin Rudd has sought a ruling (24
February 2021).
More...
Pressure mounts on Brisbane City Council to reduce
developer influence
A range of groups are now asking Brisbane City Council to
reduce the ability of developers, as landholders - to influence the
neighbourhood planning phase (24 February 2021).
More...
Planned $2 billion Eagle Street Pier reformation
appealed by Riparian Plaza owners
The planned $2.1 billion reformation of Brisbane's
Eagle Street Pier by developers Dexus has been appealed in court by
the commercial owners of a neighbouring tower. Its commercial
owners, Riverside Development Pty Ltd, said the development should
have been impact assessable, not code assessable (24 February
2021).
More...
Queensland on cusp of property boom
Queensland is booming according to Westpac's Housing
Pulse Report. Senior economist Matthew Hassan said the state's
markets were now very tight with "sales running well ahead of
listings and extremely tight rental vacancy rates in most areas (23
February 2021).
More...
DVB lodges three-level penthouse plans for Broadbeach
tower
A luxury three-level penthouse will sit atop a proposed
DVB Projects' 26-storey apartment tower in Broadbeach,
according to freshly lodged development plans (23 February 2021).
More...
Boggo Road Gaol commercial development application still
waiting for council decision
A development application for a mixed shopping and office
building at the heritage-listed Boggo Road Gaol site in
Brisbane's Dutton Park is still waiting for a decision (23
February 2021).
More...
Residents fight truck driveway, waste recycling facility
next to school
Southern Brisbane residents are fighting against the
movement of a waste and recycling facility's driveway, used by
heavy vehicles, closer to a state school amid safety concerns for
students, staff and parents (18 February 2021).
More...
This region wants to be more than 'the bit
in-between' Brisbane and the Sunshine Coast
Moreton Bay wants to "turbocharge" its economy
by doubling it to $40 billion by 2041. It plans to add more than
100,000 jobs to attract residents to the "hidden gem"
region (17 February 2021).
More...
In practice and courts
Commonwealth
ARNEC Publications
Model Operating Requirements - Under the Electronic
Conveyancing National Law, Electronic Lodgment Network Operators
are required to comply with Operating Requirements made by the
Registrar in each State and Territory.
Model Operating Requirements Version 6 – Clean
24/02/2021
Model Operating Requirements Version 6 – Marked up
24/02/2021
Coming soon: NABERS Perform – new technology for
conducting NABERS ratings
NABERS Perform is a new human-centred cloud platform for
conducting NABERS ratings faster and more efficiently (24 February
2021).
More...
Announcements, Draft Policies and Plans released 2021
NSW
Have your say on changes to how building design and
construction is regulated in NSW
The development of supporting regulations is the next step
on delivering on this piece of the Government's building reform
agenda, with the scheme commencing on 1 July 2021. The Design and
Building Practitioners Regulation commences on this date.
More...
NSW Revenue: Land tax build to rent
The NSW Government is introducing a
land tax discount for new build-to-rent housing projects until
2040 and a new Housing Diversity SEPP to provide more housing
options, greater surety for renters, boost construction and support
jobs during the COVID-19 recovery (16 February 2021).
More...
Queensland
QLS: Phishing campaign targets PEXA users
A number of PEXA users have received phishing emails,
supposedly from PEXA, containing links to 'WeTransfer' (24
February 2021).
More...
Roma Street Cross River Rail Priority Development
Area
Submissions are now being invited to contribute on the
proposed
Roma Street CRR PDA Development Scheme, Draft Development and
Offset Plan. With a new underground Roma Street Cross River
Rail station being constructed, the PDA will be used to guide a
coordinated development of the surrounding precinct. Submissions
close on 1 April 2021.
Moreton Bay economic strategy
Moreton Bay Regional Council has released its
Regional Economic Development Strategy 2020 – 2041 to
support its 'Bigger, Bolder, Brighter' vision. Five key
region building projects are The Mill (former Amcor Petrie Paper
Mill site); Southeast Queensland Northern Freight Terminal; Wamuran
Irrigation Scheme; North Harbour PDA; Scarborough Harbour
Masterplan (February 2021).
Report on post implementation review of Strong and
Sustainable Resource Communities Act
Open to 30 April 2021- Department of State Development,
Manufacturing, Infrastructure and Planning.
Have your say on the consultation report for the Post
Implementation Review of the Strong and Sustainable Resource
Communities Act 2017.
More...
Cases
Mason v Head, Transport for Victoria
[2021] VSCA 19
LAND VALUATION AND COMPENSATION – determination of
questions reserved by order of trial judge pursuant to Supreme
Court Act 1986, s 17B – rights of owners of land to
compensation in circumstances where value of land is adversely
affected by imposition of reservation for public purposes pursuant
to planning scheme – interpretation of ss 98(1) and 108 of
the Planning and Environment Act 1987 (P&E
Act) – subject land reserved for a public purpose
under a planning scheme; registered proprietor at the time
reservation was imposed, died without having sold the land;
applicants became registered proprietors as beneficiaries under the
land owner's will – whether applicants precluded from
claiming compensation under s 98(1)(a) of the P&E Act on the
basis that they were not owners of the land at the time of the
imposition of the planning reservation – reconsideration of
Halwood Corporation Ltd v Roads Corporation [1998] 2 VR
439 – reasoning with respect to s 98(1) – sufficient
that claimant be owner or occupier at the date the right to
compensation arises – claim limited to financial loss
suffered as the natural, direct and reasonable consequence of the
reservation – whether in circumstances where applicants
became registered proprietors as beneficiaries under the will of
the former registered proprietor, they have 'acquired' the
land within the meaning of s 108(2) of the P&E Act –
applicants have not since the reservation 'acquired' the
land within the meaning of that word understood in its context
– leave for consideration of questions granted – both
questions answered 'no' – Planning and Environment
Act 1987 ss 98, 99, 108 – Halwood Corporation Ltd v Roads
Corporation [1998] 2 VR 439 reconsidered.
Queensland Rifle Association Inc v State of
Queensland [2021] FCA
110
NATIVE TITLE – non-claimant application for
determination of native title under s 61(1) Native Title Act 1993
(Cth) – negative determination – subject land used as a
rifle range – whether within power and appropriate for Court
to make orders sought – application granted. Native Title Act
1993 (Cth) ss 13, 61, 66, 81, 86G, 225 and 253
Rodriguez & Sons Pty Ltd v Queensland Bulk Water
Supply Authority trading as Seqwater (No 27)
[2021] NSWSC 145
REPRESENTATIVE ACTION – Queensland Floods –
quantum issues – recovery of damage to fixtures and chattels
– measure of damages – clean up costs –
reasonable commercial cost of cleaning or cost of labour of
individuals who undertook clean up? – Powercor Australia
Pty Ltd v Thomas considered Held: Commercial cost is
appropriate measure – ASSESSMENT – individual group
member – farm enterprise – losses to farming business
– inconvenience – subsidised interest on loan
TradeCoast Land Pty Ltd v TradeCoast Central Pty Ltd
& Ors [2021] QSC
25
The plaintiff applies for further disclosure. The dispute
between the plaintiff and the first defendant arises from a
Development Agreement entered into between them in November 2004.
At that time the Brisbane City Council owned a large area of land
near the Brisbane Airport. The Development Agreement contemplated
that BCC would transfer that land to the plaintiff which would
thereafter hold it, and dispose of it, only as permitted by the
Development Agreement
Traspunt
No. 7 Pty Ltd v Moreton Bay Regional Council
[2021] QPEC 9
PLANNING AND ENVIRONMENT – APPLICATION – COSTS
– where the appellant's appeal against a condition of a
development approval was dismissed – where respondent sought
an order as to costs – whether the proceeding was frivolous
or vexatious – whether costs should be assessed on the
indemnity basis
Acts Interpretation Act 1954 Qld s 14
Planning and Environment Court Act 2016 Qld s 59, s 60
Cases to 22 February 2021
Calmmonth
Pty Ltd v AVJennings Properties Limited (No 2)
[2021] QSC 23
PROCEDURE – CIVIL PROCEEDINGS IN STATE AND TERRITORY
COURTS – COSTS – OFFERS OF COMPROMISE, PAYMENTS INTO
COURT AND SETTLEMENTS – INFORMAL OFFERS AND CALDERBANK
LETTERS – UNREASONABLE REFUSAL OF OFFER – where the
defendant made a Calderbank offer – where the plaintiff did
not accept the offer – whether the plaintiff acted
unreasonably in not accepting the offer
Sunshine
Coast Regional Council v Gavin & Anor (No. 2)
[2021] QPEC 2
ENVIRONMENT AND PLANNING – BUILDING CONTROL –
OTHER MATTERS – where the first and second respondents
constructed a building and used it as an 'accommodation
building' in a zone where this use was not permitted –
where respondents accepted they had committed development offences
– what enforcements orders are appropriate to secure
compliance with the legislative scheme
Planning Act 2016 Qld s 180; Planning and Environment Court Act
2016 Qld s 58, s 59, s 61(1), s 63
Planning and Environment Court Rules 2018 Qld r 4; Uniform Civil
Procedure Rules 1999 Qld r 680, r 686, r 687, r 702, r 742
Legislation
Native Title Legislation Amendment Bill
2020
Assent Act no: 6 Year: 2021 16/02/2021 - Amends the:
Native Title Act 1993 to: Allow a native title claim or
compensation group to impose conditions on the authority of its
authorised applicant and require public notification of any such
conditions; clarify the duties of the applicant to the claim group;
allow the applicant to act by majority as the default position;
allow the composition of the applicant to be changed without
further authorisation in certain circumstances; allow the claim
group to put in place succession-planning arrangements for
individual members of the applicant; allow body corporate
Indigenous Land Use Agreements (ILUAs) to cover
areas where native title has been extinguished; remove the
requirement for the Native Title Registrar to notify an area ILUA
unless satisfied it meets the ILUA requirements; allow minor
amendments to be made to an ILUA without a new registration
process; specify that the removal of an ILUA from the register does
not invalidate future acts subject to that ILUA; extend the
circumstances in which historical extinguishment can be disregarded
to areas of national, state or territory parks, and certain
pastoral leases; allow a registered native title body corporate to
bring a compensation application over an area where native title
has been extinguished; require the registrar to create and maintain
a public record of section 31 agreements; and make a number of
technical amendments; and Corporations (Aboriginal and Torres
Strait Islander) Act 2006 to: Require registered native title
bodies corporate (RNTBC) constitutions to include
dispute resolution pathways for persons who are or who claim to be
common law holders, and provide for all the common law holders to
be directly or indirectly represented in the RNTBC; limit the
grounds for cancelling the membership of a member of a RNTBC to
certain grounds; remove the discretion of directors of RNTBCs to
refuse certain membership applications; specify that the registrar
may place a RNTBC under special administration in certain
circumstances; and ensure that proceedings in respect of a civil
matter arising under the Act that relate to a RNTBC are to be
instituted and determined exclusively in the Federal Court, unless
transferred to another court with jurisdiction; confirm the
validity of certain section 31 agreements; and provide that a
person would be entitled to compensation if the bill effects the
acquisition of property of a person other than on just terms
(within the meaning of paragraph 51(xxxi) of the Constitution).
Queensland
Subordinate legislation as made – 26 February
2021
No 13
Body Corporate and Community Management Legislation Amendment
Regulation 2021
Subordinate legislation as made – 19 February
2021
No 11
Uniform Civil Procedure (Fees) and Other Legislation Amendment
Regulation 2021
This Regulation is made under the Supreme Court of Queensland Act
1991, COVID-19 Emergency Response Act 2020, and Retail Shop Leases
Act 1994. The objectives of the Regulation are to amend the Uniform
Civil Procedure Rules 1999 to remove duplication in the rules in
relation to the amendment of pleadings following a request for
trial date, to address an issue in relation to applications for
reduced fees, and to clarify the transitional provisions in part 5
division 2 of the Retail Shop Leases and Other Commercial Leases
(COVID-19 Emergency Response) Regulation 2020.
No 7
Retail Shop Leases and Other Commercial Leases (COVID-19 Emergency
Response) Amendment Regulation 2021
Tabled: 19 February 2021. This Regulation is made under the
COVID-19 Emergency Response Act 2020 and Retail Shop Leases Act
1994. The policy objective of the Regulation is to restore the less
than $50 million turnover threshold for small-medium sized
enterprise (SME) entities under the Regulation,
while allowing any dispute or other matter for a lease held by an
SME entity above that threshold that had been finalised or resolved
prior to commencement of the Amendment Regulation to be
unaffected.
Acts
COVID-19 Emergency Response and Other Legislation Amendment Act
2020
Commencement
(3)Section 39 and schedule 1 commence on 1 March 2021. Schedule 1
amends the regulation modules under the Body Corporate and
Community Management Act 1997 it mentions.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.